Q. My daughter currently lives in a residential apartment building and has an emotional support animal in her apartment. She is now shopping for a condominium and found one she really likes, however, she was told that no pets are allowed. She explained the animal is not a pet, but an emotional support animal, but the condominium association will not allow it. Is that a correct legal position?
A. Under applicable law, it is legally incorrect to treat an emotional support animal the same as a pet and apply pet restrictions per a condominium association’s governing documents. The applicable statutes governing a request for reasonable accommodation for an emotional support animal are the Federal Fair Housing Act and the Illinois Assistance Animal Integrity Act.
A request for a reasonable accommodation to keep an emotional support animal in a unit must be granted under the law if the requester provides proper supporting documentation that (i) states the requester has a disability or disability-related need for the animal; (ii) states the animal is required to ameliorate the effects of the disability (if the disability is not readily apparent) or help the requester use/enjoy their unit; and (iii) there is a “therapeutic relationship” between the person authoring the supporting documentation and the requester per the Illinois Assistance Animal Integrity Act.
Q. Board members in our condominium association have advised the unit owners that a quorum of the board cannot meet outside of a properly called board meeting to discuss association business. If this is true, how can board members communicate with each other to discuss repairs to the building prior to a board meeting for efficiency?
A. In May 2014, the Illinois Appellate Court published its opinion in Palm v. 2800 Lake Shore Drive Condominium Association, which contained several rulings, some of which are specific to the facts of the case and others that had an effect on the administration of all condominium associations in Illinois. Among the rulings, the court held that board workshops discussing association business cannot be held outside of a properly called board meeting and the board cannot vote on association business via email, phone or other communicative device that is not open to all unit owners. In 2016, a law amended the Condominium Act to provide six categories of exceptions where the board may discuss issues in closed session. None of those exceptions include discussing repairs to the common elements.
Simply stated, board discussions regarding the maintenance, repair and replacement of the common elements must occur in open session of a properly called board meeting.
Q. I live in a condominium association where the board consists of nine directors. For our recent board election, we had four openings. Only two candidates declared themselves before the annual meeting, and at the very last minute, we were able to find two other unit owners to serve as directors; however, what would happen if there were unfilled director positions after an annual meeting?
A. In the event that an annual meeting occurs and there are an insufficient number of candidates to fill the open director positions, the candidates willing to serve on the board of directors should be elected to the board anyway. After the annual meeting, the board may fill the board vacancies pursuant to section 18(a)(13) of the Condominium Act with the approval of two-thirds vote of the remaining members of the board. Appointees to serve until the next annual meeting.
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